HI Irv. "Vij? +3.15 October 29, 2014 Dana Aunkst Acting Secretary Department of Environmental Promotion Rachel Carson State Of?ce Building 400 Market Street Harrisburg, PA 17101 Dear Acting Secretary I am writing to request information about the state regulatory process for monitoring the handling and disposal hydraulic fracturing (tracking) waste. As you know, tracking wastes are categorized as "special wastes" and are exempt from federal, hazardous waste regulations under Subtitle Ci ofthe Resource Conservation and Recovery Act As a result, tracking wastes are regulated as wastes by state governments under the less stringent RCRA. Subtitle solid waste regulations.2 I am writing to inquire about your state?s reporting requirements for tracking operators, tracking waste transporters and disposal site operators. Fracking operations generate wastcs that include toxic chemicals and. radioactive waste. A minority staff rcport of the House Energy and Commerce Committee identi?ed 29 chemicals found in tracking waste as (1) known or possiblo human carcinogens, (2) regulated under the Safo Drinking Watcr Act for their risks to human health, or (3) listed as hazardous air pollutants under the Clean Air Act.3 $tudies have also found naturally occurring radioactive material Environmental Protection Agency, Crude Oil and Natural Gas Waste (online at See Resource Conservation and Recovery Act, Pub. L. No. 94-580, 42 U313. 6901 at seq. (1976) (online at Environmental Protection Agency, Regulatory Determination 0i! and Gas and Geothermal Exploration, Development and Production Wastes (July ti, 1988) (online at 3 Minority Staff; House Committee on Energy and Commerce, Chemicals Used in Hydraulic Fracturing (Apr. 20] l) (onliuc at Acting Secretary Dana .Aunkst Page 2 (NORM) in fracking Exempt oil and gas wastes include drilling ?uids and cuttings, produced water, used hydraulic fracturing ?uids, rig wash, workover wastes, tank bottom sludge, glycolnbased dehydration wastes, airline-containing sweetening wastes, hydrocarbonub-earing soil, and many other individual waste If not handled properly, these frackiog wastes can contaminate nearby lands and waters and cause harm to human health and the environmenta Due to the RCRA exemption, tracking the production, movement and disposal of tracking wastes falls to state governments. The Auditor General. recently performed an audit of the Department of Environmental Protection performance in monitoring potential impacts to water quality from shale gas development? One of the audit?s ?ndings was that PA-DEP relies on a disjointed process of utilizing different sources of reports and self-reporting by operators with no assurances that waste is disposed properly. The audit concluded that current system. for oversight of freaking Waste ?is not an effective monitoring tool? and ?it is not proactive in. discouraging improper, even illegal, disposal of waste.? The Auditor General recommended that implement a true manifest system to thoroughly track waste and its disposal as well as review and verify the accuracy of self-reported waste data to ensure waste is handled properly and disposed of in compliance udth pertinent laws. The Subcommittee minority is conducting this oversight to determine. if state regulations and monitoring of tracking waste are sufficient to ensure accuracy, completeness and compliance with applicable environmental laws. To help the Subcommittee conduct its oversight, I request the following information about your state?s regulatory process and requirements: 1) An explanation of ?3 response to the PA Auditor General in which said that cross checking data occurs ?when practical.? 2) An explanation of the reporting requirements for producers, transporters and disposal site operators that handle tracking waste. Please include the standard units of measure. for reported data and how- often data is required to be reported. 4 In Freaking ?r Woke: New Raise are Needed to Protect Our Health and Environment ?om Contaminated Wcsrewarer, Natural Resources Defense Council (May 2012) (online at 5 Environmental Protection Agency, Exemption ofOz?l and Gas Exploration and Production Wastes?'om Federal Hazardous Waste Regulations (Oct. 2-002) (online at 1d. 7 Commonwealth of Pemisylvania, Department of the auditor General, DEF is performance in monitoring potential impacts to water quality from shale gar development, 2009? 2012 (July 2014-) (online at W. auditorgenstatep a. 1 1 4.pdt). Acting Secretary Dana Aunkst ?age 3 3) An explanation of how state regulators monitor the accuracy of reporting and compliance with reporting and certi?cation requirements for the handling and disposal of fracking waste. An explanation of the use of audits, inspections or investigations for ensuring compliance with laws and regulations applicable to tracking waste. Please include a description of how these compliance tools. are initiated; whether the ?ndings from audits, inspections or investigations are made public; how audits, inspections or investigations relate to. enforcement actions. An explanation of the process fer receiving and hivestigating complaints regarding fracking waste handling or disposal. A description of any mandatory testing of re cycled fracking wastewater and any? residual byproduct of treated wastewater. A description of penalties imposed for noncompliance with regulatory requirements regarding the handling and disposal of fracking wastewater and any residual by- product of treated wastewater. - Information on how your state ensures that disposal facilities, wells and. land?lls are not contaminating nearby waterways and complying with applicable federal and state laws when hat-idling attempt fracking wastes. A description of state inspection procedures of disposal facilities that receive oil. and gas wastes with respect to protecting human health. and the environment from contamination by oil and gas wastes that have hazardous characteristics. 10) Information on the percent-age of freaking waste that is: treated for reuse, disposed of via underground injection Well, diaposed of via land?ll, disposed via other means, or transported out of state. ?1 1) Information on your state?s oversight approach of the Underground Injection Control program. Please include the number of waste disposal wells in your state and the number of fuli-tirne equivalents assigned to conduct oversight on these sitesalso request the following aggregate statistics- hy year from 2011 to present: 12) The number of investigations and inspections of improper handling or disposal of fracking waste. Please distinguish the investigations by how-they were initiated (cg. complaints, inconsistency in reported. data, random inspections). 13) The number and types of ?ndings of violations from investigations. ?14) The volume and type of tracking waste reported during generation, transportation and disposal. 1.5) The volume and type of fr-acking waste that is transported into the state and the volume and type of waste that is transported out of the state. 16) The number of complaints regarding a disposal facility receiving fracking waste. The number of inspectiOns or investigations of disposal facilities receiving tracking waste. The number and types of fnidings of violations found at disposal facilities receiving hacking waste. Acting Secretary Dana Aunkst Page 4 The Comittoo on Oversight and Government Reform is the principal. oversight committee in the House of Ropresontativos. Pleas-o provide tho requested information by November 125 2014. If you have questions, please Contact Brian Quinn of the Committee at (202) 225?505 1. Thank you for your attention to this matter. oer-21y, Matt Cartwright Ranking Member Suhoomn?ttee on Economic Growth, Job Creation and Regulatory Affairs